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Simon Derviller Photography –

Standard Terms & Conditions of Business

1. Definitions

  • "Photographer" refers to Simon Derviller Photography or any of its representatives.

  • "Client" refers to the individual or company commissioning the photographic services.

  • "Project" refers to the scope of work, agreed deliverables, and services provided by the Photographer.

2. Booking & Confirmation

  • All bookings must be confirmed in writing (email is acceptable).

  • A booking is considered confirmed once a written agreement or email confirmation has been received.

  • Confirmed bookings are subject to cancellation terms (see Clause 4).

3. Payment Terms

  • For projects with a total value of up to £5,000, full payment is due within 7 days of final delivery.

  • For projects over £5,000:

    • 50% of the total fee is payable upfront.

    • The remaining 50% is due within 7 days of final delivery.

  • Late payments may be subject to a 5% late fee per 14-day period overdue, unless otherwise agreed.

  • All fees are exclusive of VAT unless specified otherwise.

4. Cancellation Fees

  • Cancellations must be made in writing (email is acceptable).

  • Cancellation charges apply as follows:

    • Up to 7 days prior to shoot – 10% of the total project fee.

    • Within 48 hours of the shoot – 50% of the total project fee.

    • Within 24 hours of the shoot or on the day – 100% of the total project fee.

  • The Photographer reserves the right to retain any upfront payments in line with these terms.

5. Usage & Licensing

  • All image usage rights remain with the Photographer unless otherwise agreed in writing prior to the shoot.

  • The Photographer grants the Client a non-exclusive license to use the final images for the specific purpose(s) outlined and agreed in advance.

  • Additional usage (e.g., extended territories, different media, or longer time periods) must be negotiated and licensed separately.

6. Shoot Duration & Additional Time

  • A standard shoot day consists of 8 hours, including set-up and break-down time.

  • Time exceeding 8 hours may be charged at a pro-rata hourly rate, agreed in advance or based on the Photographer’s standard day rate.

7. Expenses

  • All expenses incurred on behalf of the Client (e.g., travel, accommodation) are charged at cost, unless otherwise agreed.

  • Mileage is charged at £0.50 per mile.

  • All expenses will be itemised and added to the final invoice unless covered separately.

8. Procurement & Handling

  • Any third-party services or goods procured by the Photographer on behalf of the Client will incur a 15% procurement fee.

  • This fee covers management and handling only and does not include any additional professional or creative service fees unless agreed in writing.

9. Delivery of Final Images

  • Final deliverables will be provided in the format agreed at the time of booking (e.g., high-res JPEGs, TIFFs, etc.).

  • Delivery timelines will be confirmed based on project scope.

  • Raw files will not be supplied unless specifically agreed prior to the shoot and may incur an additional charge.

10. Client Responsibility

  • It is the Client’s responsibility to ensure all required permissions, access, and release forms (e.g., property, model, location) are in place before the shoot, unless otherwise agreed prior to the shoot.

  • The Photographer is not liable for any delay or restriction in shooting caused by incomplete permissions or other external factors beyond their control.

11. Image Storage & Archiving

  • Final images will be delivered via an online gallery, accessible for 12 months from the date of delivery. During this time, you can view, download, and share the images as needed.

  • After the 12-month period, you have the option to extend the online gallery hosting for £8 per month, billed annually (£96 per year) plus VAT.

  • Once the gallery is archived, any request for image re-supply will incur a £100 fee plus VAT.

  • Please ensure all required downloads are completed within the initial access period to avoid additional charges.

12. Limitation of Liability

  • The Photographer shall not be liable for any indirect or consequential loss, or any loss of profit, arising from any delay or failure in performance of the services.

  • In any case, the Photographer’s liability shall be limited to the value of the agreed project fee.

13. Force Majeure

  • The Photographer shall not be liable for failure to perform any obligation under this agreement if such failure is caused by unforeseen circumstances beyond reasonable control (e.g., natural disaster, illness, transport failure, or technical issues).

14. Governing Law

  • These Terms & Conditions are governed by the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the English courts.